CM-2019-0351 - 11/1/2019 ELECTRONICALLY RECORDED 2019106685
Williamson County, Texas Total Pages: 6
ENCROACIEMENT AGREEMENT
This Encroachment Agreement. hereinafter"Agreement," is made and entered into between RRE
INVESTORS, LP. a Texas limited partnership. hereinafter referred to as [Ile "Owner." whose
address is 3400 East Palm Valley Boulevard. Round Rock. Texas 78665. and the CJTV OF
ROUND ROCK, TEXAS. hereinafter the -City." a municipal home-rule corporation whose
address is T)I E. Main Street, Round Rock, Texas 78664, and becomes effective on the date
indicated below. The City and the Owner agree as flollo%vs�
A. Owner is the owner ofLot I B 1. Block A.ofReplat ofLot I B in Block A. Round Rock
Express Subdivision. Section Three. a subdivision of Williamson Countv. Teras.
according to the reap or plat thereof` recorded in DOCLInient No. 201805942 of the
Official Public Records of Williamson County. Texas (the "Property").
B. City is the record holder oi*a 50-foot Public Utility Easement (tile "PUE") running
parallel to the northern property right-of-way line of East Pahn Valley Boulevard U§
Highway 79 abutting Lot I B I. Block A. of.'Replat of`Lot I B in Block A. Round Rock
Express Subdivision. Section Three. a subdivision in Williamson County, Texas.
according to the niap or plat thereof' recorded Document No. 2018059982 of the
Official Public Records oaf`Willianison County. Texas (the -PUE Area"). A copy of'
page two (2)oaf the recorded plat is attached hereto as Exhibit "A".attached hereto and
incorporated herein lor all purposes.
C. 'File Owner has requested that the City allow an encroachment on or over a portion of
the PUE Area. with the LncroaLhing Structure being in the nature ol'a monument sign
and landscaping improvements, a.s set forth in Exhibit "B." incorporated herein by
reference lor all purposes (tic "Encroaching Structure'").
D. By execution of this Agreement. the City grants its limited consent for the Owner to
encroach on or over a portion of the PUF Area sn-icttr subject to Me f011101vinall
cowfifions:
1) The Encroaching Structure may be located only as depicted on the attached
Exhibit "B." and that no further encroachment or improvements of any
kind in the PUE Area shall be allowed,
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances.
including but not limited to the Building Code',
I.,'se. maintenance, repair and rcnioval of the Encroaching Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liability of the Ulty in any manner Whatsoever:
00431059As2
AGR 1901-002-Miinond Oaks Roiji1
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2019106685 Page 2 of 6
(4) Removal of the Encroaching Structure, or a portion thereof. shall cause
the immediate termination of this Agreement:
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request. and shall not be construed as
establishing any precedent whatsoever;
(6) The pat-ties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure. Ind
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure:
(7) In a non-emergency situation. the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction. and
such removal shall be completed by the Owner within ten (10) days of'
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City's satisfaction following notice. then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of`the bweer:
(8) The pat-ties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the PPE Area:
(9) Tile Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty. liability. cost and expense. including without
limitation reasonable attorney's fees, that may be incurred by. imposed
upon, or asserted by reason of any suit. action. legal proceeding, claim.
demand. regulatory proceeding. or litigation arising frons any act done or
9 1
otnitted to be done by any party, excepting only any loss. damage.
penalty. liability. cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental. indirect. special. punitive.
consequential or similar darnages of any kind including without
limitation loss of profits, loss or business or interruptions of business.
whether such liabilities arc predicated on contract. tort. strict liability or
any other legal theory. This indemnification shall apply to the Owner.
and to each of its successors. assigns. officers, elliplovees and officials
The parties agree that the provisions of this section shall survive the
7
2019106685 Page 3 of 6
termination ofthis agreement; and
(10) Relative to any Subsequent purchaser of the Property and/or the
Encroaching Structure. the Owner expressly agrees to adequately inform
any such purchaser of the existence of this Agreement and provide a copy
of same.
(1 1) The City reserves the option to rescind this Agreement at any time, %Nith
or without cause. by giving Owner ten (10) days written notice of' its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of[lie City
of Round Rock, Texas., the signatories bind [lie entities to obey all conditions of this Agreement.
OWNER
RRE INVESTORS, U)
By:
2,
Date Signed:
CITY
Ciq, i, Tm S
fav:
)Zo��
Laurie Hadley. 6(y Manager
-—------------
Date Signed: _LL ......
017,10110111blo-A990
2019106685 Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrUillerj;was acknowledged before me on this day of 2019,
by
(Title) of' RRE
*4el (Name), as 42
INVESTORS, LP. �whose name is subscribed to the eding instrument, and acknowledged to
me that he executed it for the purposes and consider do ex ess di it. /9
ayrauvyaa DEBORAH BOWMAN
MyCommISSIONSWIRES Notary Public in and for the State ofTexas
NOVEMBER 3,2020
,VNOTARY ID: 125051628
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of
N
by Laurie Hadley, Round Rock City Manager, in the capacity and for the purposes and
consideration therein indicated.
u
ANo t a Publi and for the State ol'Texas
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CARR DEVELOPMENT,INC DIAMOND OAKS RETAIL
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SCOTTCARR 3800 E PALM VALLEY BLVD
5121 BEE CAVES,STE 207 1 w
1717 n.ih 35,suite 308 p 512.534.8680
AUSTIN,Tx,78746 ROUND ROCK , TX 78665
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round rock,texas 78664 studio1618.com PROJECT NO. , 18.412 EXHIBIT'A'•AREA ENCROACHMENT
SCALE: V40 PREPARED BY:BS,WS DATE:03,01.2014 REVISION:
2019106685 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019106685
Pages- 6 Fee- $45.00
11/05/2019 03.35 PM
Nancy E. Rister,County Clerk
Williamson County,Texas
Agenda Item Summary
City of Round Rock
Agenda Number:
Consider executing an Encroachment Agreement with RRE Investors, LP for
the Diamond Oaks Retail Project.
Title:
City Manager ItemType:
City Manager ApprovalGoverning Body:
11/1/2019Agenda Date:
Brad Wiseman, Planning and Development Services DirectorDept Director:
$0.00Cost:
Indexes:
Encroachment Agreement - Diamond Oaks Retail signed agreementAttachments:
Department:Planning and Development Services Department
Text of Legislative File CM-2019-0351
The project has located trees and a sign within the City’s WW easement. The Utilities director
is agreeable to the encroachment. This agreement acknowledges the encroachments and
clarifies that it is not the City’s responsibility to maintain.
Page 1City of Round Rock Printed on 11/5/2019